The Proposed OPT Fee Explained: $70,000, Who Would Pay It, and When It Could Actually Start
The $70,000 OPT fee is a proposal, not law, and the school is the legal payer. Here is what the rule says, who could end up paying, and when it could start.
The $70,000 OPT fee is a proposed rule, not law. DHS proposes that a school pay $70,000 before a student's initial OPT recommendation and $30,000 for each later one, including STEM OPT. The SEVP-certified school is the legal payer, though DHS says schools could pass the cost to students or employers. The proposal has no effective date. It could only apply to DSO recommendations dated 60 or more days after a final rule, and no final rule exists.
If the headline "OPT will cost $70,000" has you rethinking loans or your graduation date, read what the text actually says first.
Status as of mid-October 2026:
- In effect today: the current I-765 fee and the $1,780 OPT/STEM OPT premium-processing fee. No OPT fee is collected.
- Proposed: the DHS/ICE "Optional Practical Training Fees" NPRM (91 FR 64566), published October 8, 2026. Effective date: none.
- Open now: public comments, due on or before November 9, 2026. Our November 2026 comment-deadline tracker lists this deadline alongside the other open DHS proposals.
What the proposed OPT fee actually is
The rule is a Notice of Proposed Rulemaking (NPRM) from DHS and ICE, which runs SEVP and SEVIS. DHS takes comments, then may finalize, change or drop it. Until a final rule takes effect, an NPRM binds no one.
| Item | What the NPRM says (as of October 2026) |
|---|---|
| Rule name | "Optional Practical Training Fees" |
| Citation | 91 FR 64566, docket ICEB-2026-0100 |
| Published | October 8, 2026 |
| Status | Proposed (no final rule) |
| Effective date | None |
| Initial OPT recommendation | $70,000 |
| Each subsequent OPT recommendation | $30,000 (STEM OPT counts as subsequent) |
| Who pays | The SEVP-certified school, before the DSO recommendation |
| Where the money goes | The U.S. Treasury, not tied to an employer |
| OPT types covered | Pre-completion, post-completion and STEM OPT |
| CPT | Out of scope |
| Public comments due | On or before November 9, 2026 |
| Paperwork Reduction Act comments due | December 7, 2026 |
The full text is on the Federal Register page for the NPRM. SEVP also posted a summary on Study in the States.
Who pays the OPT fee under the proposal
This is the most misreported part of the story. Under proposed 8 CFR 214.13(i), the SEVP-certified school pays the fee before the Designated School Official (DSO) issues your OPT recommendation in SEVIS. The NPRM ties this to work authorization directly. USCIS could not grant the EAD where the DSO recommended OPT before the school paid.
The school is the legal payer, but DHS says schools "may pass the financial obligation of this proposed fee onto F-1 nonimmigrant students, all students, or employers." So the question of who pays the OPT fee in practice could be answered in several ways:
- The school absorbs it. It pays from its own budget.
- The school charges F-1 students, either the students who request OPT or all F-1 students.
- The school spreads it across all students, domestic students included.
- The school passes it to employers, under whatever arrangement it designs.
None of these is decided, because the rule is not final. "Students must pay $70,000" is wrong on the current text, and "students will never pay" is equally unsupported.
What this means for your employer conversations
The rule does not charge employers. If a recruiter asks whether "OPT costs $70,000 now," the accurate answer is that it is a proposal with no effective date, charged to schools. For how hiring teams may react, see our analysis of whether employers will stop hiring OPT students because of the proposed fee.
How the $70,000 and $30,000 amounts stack
The fee is charged per recommendation, not per year. Your first OPT recommendation of any type triggers the $70,000 amount. Every later one triggers $30,000. If you are unsure how the three types fit together, our guide to OPT vs STEM OPT vs CPT explains the sequence.
For more worked cases, including what a $100,000 total path looks like, see our STEM OPT fee scenarios.
| Your path (proposed amounts, as of October 2026) | First recommendation | Later recommendation(s) | Source |
|---|---|---|---|
| Post-completion OPT only | $70,000 | None | NPRM text |
| Pre-completion OPT, then post-completion OPT | $70,000 | $30,000 | NPRM worked example |
| Post-completion OPT, then STEM OPT | $70,000 | $30,000 (total $100,000) | NPRM worked example |
| More than one later recommendation | $70,000 | $30,000 for each additional one | NPRM text |
| CPT only | Not covered | Not covered | Out of scope |
A note on conflicting summaries. Study in the States describes "$30,000 ... for the second year ... with no additional fees in subsequent years." Fortune reported a 60-day comment period. The Federal Register text controls on both points: $30,000 applies to each subsequent recommendation, and the comment period is 30 days.
When the OPT fee could actually start
There is no start date, because there is no final rule. Here is the path the proposal would have to travel before it touched a single OPT application:
- October 8, 2026: NPRM published. (done)
- November 9, 2026: public comment period closes. Regulations.gov shows November 10, which is the 11:59 p.m. ET boundary of the same deadline.
- December 7, 2026: Paperwork Reduction Act comments close.
- Next, no date set: DHS reviews the comments. It may finalize the rule as written, revise it, or not finalize it at all.
- Final rule published, no date set: only at this point would the rule become law.
- 60+ days after the final rule: the fee would apply only to DSO recommendations dated on or after that point.
Opposition is already organized. NAFSA said on October 7, 2026 that it will mobilize detailed comments, and practitioners expect litigation if the rule is finalized. Separately, DHS has said it is re-evaluating the scope and duration of OPT and STEM OPT more broadly. No second rule had been published as of mid-October 2026, so treat that as possible, not scheduled. Our explainer on whether OPT is ending covers that question.
If you already have OPT
The fee is prospective. It applies only to recommendations dated 60+ days after a final rule. Reading that transition clause, OPT that is already authorized is not affected. If you plan a STEM OPT extension later, the question is whether a final rule plus 60 days will have passed by the date your DSO recommends it. Nobody can answer that today.
Refunds
Under the proposal, refunds are discretionary. They are possible only before the EAD issues, and refund decisions are "not subject to any administrative appeals." If a final rule keeps that language, a paid fee would generally not come back once your card is approved.
What has not changed today
While the OPT fee is only proposed, the OPT process works as it did before October 8:
- The I-765 filing fee is unchanged. Check the current amount on the USCIS Form I-765 page and the USCIS fee schedule (G-1055) rather than any blog, including this one.
- Premium processing for an OPT or STEM OPT I-765 is still $1,780 (G-1055 edition 10/07/26). Our OPT premium-processing planning guide covers when that fee is and is not worth it.
- Unemployment limits are unchanged: 90 days on post-completion OPT, 150 days in aggregate with the 24-month STEM extension.
- The 60-day F-1 grace period still applies. The Duration-of-Status rule was blocked by a federal court on September 14, 2026. DHS has appealed, and the appeal does not revive the rule. DHS says it will implement the rule if the order is lifted; our D/S appeal tracker follows the case.
- The application steps are the same. Your DSO recommends OPT in SEVIS, then you file the I-765. See our I-765 OPT EAD walkthrough.
For live processing estimates, use the USCIS processing times tool rather than numbers quoted on social media.
Old rule, proposed rule, and what to do differently
| Topic (as of October 2026) | Today (in effect) | Proposed OPT fee rule | What changes for you now |
|---|---|---|---|
| Cost to get OPT | I-765 fee, plus optional $1,780 premium processing | Adds $70,000 initial / $30,000 subsequent, paid by school | Nothing yet. Today's fees are the ones that apply. |
| Who pays extra | No extra fee exists | School is the legal payer, may pass the cost on | Ask your international office whether it has said anything. |
| STEM OPT extension | No extra fee beyond I-765 costs | $30,000 as a subsequent recommendation | Ask your DSO how timing would work if a rule is finalized. |
| Already-authorized OPT | Valid on its terms | Appears unaffected (prospective transition clause) | Confirm with your DSO if a later recommendation is ahead. |
| CPT | SEVP guidance in effect, challenged in court | Out of scope | Track CPT news separately. |
| Public comment | Not applicable | Comments open until November 9, 2026 | Anyone may comment on the official docket. |
How to comment on the proposed OPT fee
Anyone can comment, including F-1 students, and DHS must consider comments before finalizing a rule. Use the comment link on the Federal Register page, or search docket ICEB-2026-0100 on regulations.gov. Comments are public, so leave out personal identifiers.
Common mistakes
- Writing or believing "OPT now costs $70,000." It is proposed, has no effective date, and the school is the legal payer.
- Treating the OPT fee as a per-year charge. It is charged per recommendation: $70,000 for the first, $30,000 for each one after.
- Trusting summaries over the Federal Register. Some summaries say "no additional fees in subsequent years" or "60 days for comments." The Federal Register text says otherwise on both.
- Assuming CPT is covered. It is not. CPT has its own 2026 issues, covered in our Day-1 CPT news explainer.
- Changing graduation or filing plans on the headline alone. Program dates affect your status. Any change to your program end date is a DSO conversation, not a reaction to a news alert.
- Telling an employer they would owe the fee. The rule does not charge employers. Schools could choose to pass costs to employers, but nothing like that exists today.
- Mixing this up with H-1B fees. The $100,000 H-1B fee is blocked by two courts, and the $103,265 H-1B fee is a separate proposal. Neither is part of this OPT rule.
Frequently asked questions
Do I have to pay the $70,000 OPT fee right now?
No. The OPT fee is a proposed rule published on October 8, 2026, with no effective date. Nothing is collected today, and it could only apply to DSO recommendations dated 60 or more days after a final rule is published. The current I-765 filing fee and the $1,780 premium-processing fee are unchanged.
Who pays the proposed OPT fee, the student or the school?
Under proposed 8 CFR 214.13(i), the SEVP-certified school is the legal payer and must pay before the DSO issues the OPT recommendation. DHS also says schools may pass the cost on to F-1 students, to all students, or to employers. How any school would handle that is not yet known, so ask your international student office.
Does the OPT fee apply if I already have my OPT EAD?
The rule is written to apply only to DSO recommendations dated 60 or more days after a final rule. Reading that transition clause, OPT that is already authorized is not affected. A later recommendation, such as one for a STEM OPT extension, could fall under it if a final rule is in place by then, so confirm your own timing with your DSO.
Would a STEM OPT extension cost another $30,000?
Under the proposed text, yes. STEM OPT counts as a subsequent OPT recommendation, and each subsequent recommendation carries a $30,000 fee. The NPRM's own worked example puts initial post-completion OPT plus STEM OPT at $100,000 in total.
Does the proposed OPT fee apply to CPT?
No. Curricular Practical Training is outside the scope of this NPRM. The fee covers pre-completion OPT, post-completion OPT and STEM OPT only. CPT has its own separate issues in 2026 under SEVP guidance that is being challenged in court.
The bottom line
The proposed OPT fee is worth following closely, but today it is a draft. The school is the named payer, any start date depends on a final rule that does not exist, and, reading the transition clause, OPT you already hold appears to be outside its reach. For your own program dates or F-1 status, talk to your DSO. For other visa paths, talk to a licensed immigration attorney.
This article explains how a proposed rule works. It is not legal advice.
Sources
- Federal Register, "Optional Practical Training Fees" NPRM, 91 FR 64566 (October 8, 2026): https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees
- Study in the States (SEVP), proposed rule announcement: https://studyinthestates.dhs.gov/2026/10/dhs-publishes-proposed-rule-establishing-fees-for-optional-practical-training
- USCIS, Form I-765: https://www.uscis.gov/i-765
- USCIS, Fee Schedule G-1055: https://www.uscis.gov/sites/default/files/document/forms/g-1055.pdf
- USCIS processing times: https://egov.uscis.gov/processing-times/
A $70,000 headline can make it hard to focus on the job search you need to run now. If you want help building an OPT and STEM OPT search plan that holds up whatever happens to this proposal, talk to F1Jobs.
Frequently asked questions
Do I have to pay the $70,000 OPT fee right now
No. The OPT fee is a proposed rule published on October 8, 2026, with no effective date. Nothing is collected today, and it could only apply to DSO recommendations dated 60 or more days after a final rule is published. The current I-765 filing fee and the $1,780 premium-processing fee are unchanged.
Who pays the proposed OPT fee, the student or the school
Under proposed 8 CFR 214.13(i), the SEVP-certified school is the legal payer and must pay before the DSO issues the OPT recommendation. DHS also says schools may pass the cost on to F-1 students, to all students, or to employers. How any school would handle that is not yet known, so ask your international student office.
Does the OPT fee apply if I already have my OPT EAD
The rule is written to apply only to DSO recommendations dated 60 or more days after a final rule. Reading that transition clause, OPT that is already authorized is not affected. A later recommendation, such as one for a STEM OPT extension, could fall under it if a final rule is in place by then, so confirm your own timing with your DSO.
Would a STEM OPT extension cost another $30,000
Under the proposed text, yes. STEM OPT counts as a subsequent OPT recommendation, and each subsequent recommendation carries a $30,000 fee. The NPRM's own worked example puts initial post-completion OPT plus STEM OPT at $100,000 in total.
Does the proposed OPT fee apply to CPT
No. Curricular Practical Training is outside the scope of this NPRM. The fee covers pre-completion OPT, post-completion OPT and STEM OPT only. CPT has its own separate issues in 2026 under SEVP guidance that is being challenged in court.